The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1887-03-09
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whXgtLNG, w. VA, MARCH %, 1887.


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Probably no question over arose In this
State which presented 80 many knotty
points Of constitutional law as tho ques.
ton whether the Legislature can elect m
u. s. Senator at tho extraordinary seaslon
called by Gov. Wilson to convene April
20. Gov. Wilson hlntelt quotes the clause
OF the Constitution by authority Of which
he calls this session, ss follows:
/, L. w. Wilson, Governor Of the State
OF West Virginis, under aud by virtue oil
Section 7 OF Article VII Of tho Constitu.
ton OF said State, which provides that the
Governor may "on extraordinary occa'
sionB convene at his Instance the LeSiB!a-
turo, but when 80 convened 1t shall enter
upon no business except that stated III tho
proclamation by which 1t was called to-
'gethcr," do issue This my proclamation 10
convene the Legislature Of said Stats at
tho seat OF Government at Charleston. etc,
Tho Fist question that was raifed waa
whether the provision tha. no buRinesa
not named In the call could 10 transacted,
would prevent the election OF IN United
States Senator. This seems 10 have been
decided In the negative.
The Omitted states Constitution pro-
vides for Gllirg yaeapctcs in tho Senate
(sec!ion 3 Of Article y: 4"
II vacancies hsppenl by resignation or
otherwise, during the 7eccga o. the Le2isla.
tura OF any State, tho Executive thereof
may make Temporary appointments until
the neat meeting Of the Legislature, which
shall hen jill such racunciss.
This seems to ahaolatoly require tho
election OF q Senator ut any meeting, adj
iourned, called, or OF other character,
when q vacancy exists.
Another question:: Can the Legislature,
under the provision Of Section 10 OF the
Revised sss.ntes OF the United States
which says: "Wtenever on the meeting
Of the LpgialaLuro OF any State q
vacancy exists in tho representation Of
auohs State in the Senate, the Legislature
shall proceed on the second Tuesday after
meeting and organization to elect a person
to lllsuch vacsncy'-proceed to ballot be-
fore the second Tuesday? The "concensus
OF tho competent" seems to decide that it
eau. Tho opinion expressed by the best
lawyers is That the statutory provision
prescribing G. time st which balloting may
commence is merely directory, and cannot
Affect tho mandatory provision Of the Con.
utitution that tho Legislature shall pro.
coed upon ccnvenirg to elect & Senator.
II the session ahould end bgiorethe second
Tuesday, then the statute would have
rendered null and imperative the consti-
t%utional requirement.. The reasonable
view is that the Legislature can elect, or
attempt TO elect, on the first day.
Other interesting questions are Sugsest-
ed: viii the appointee OF the Governor
hold bsyond the called meeting Of the
Legislature? This question has been vari.
ously answered. The Constitution eays:
"Tho Executive may make temporary ap.
ments until the next meeting Of the Leg
islature, which shall fill euch vacs1,.
cies." Suppose the Legialsture ct its next
nesting fails to elect, does tho appointee
hold over? Ii not, can the Governor rs-
appoint?
These questions give wide range for
speculation snd discussion. The tenure
OF Office Of the appointes and the Cover
nor's power to %reappoint are exceedingly
pertinent and timely, for really all tho de-
bate about the power OF the Legislature
to elect is idle, though interesting. The
Legislature msy have, doubtless hiss, the
legal and constitutional right 10 elect. An
effort may be msdo to go into in election,
but there will be no choice. How could
there be? Camleu's supporters at the
late eession certainly will not consent to
support a new man. It is just as
far beyond tho pale OF SUPPOSE
ton that enough Of the twelve
anti Camden Democrats will consent to go
into another caucus The outcome Of which
must be- the nomination Of ex-senator
Camden. Tho Republican policy is jus.
as definitely and firmly marked out, and
will be more rigidly adhered to in tho fu-
ture than in the past. Therefore 1t is
morally certain that no question Of the le-
gality OF an election Of q Senator at the
called session will ever be presented 10
the US. Senate for its consideration.
Dcntfi Of Henry Ward Heectet.
The death OF Henry Ward Beecher re-
am a,a al lt.a- u : L